Hypo on Divorce/Property/Contract (?) Law help

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dudnaito
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Joined: Mon May 08, 2006 11:16 pm

Hypo on Divorce/Property/Contract (?) Law help

Postby dudnaito » Mon Jun 04, 2012 1:59 pm

Tenant lives in mobile home park, is very old, and suddenly becomes very sick. Her only source of income is social security. She tells this to the lot owner and he's like "don't worry about rent, just get better." (doesn't seem like rent forgiveness, but for 3 yeasr didn't enforce it). She still pays what she can. 3 years later, Owner gets a divorce, and his ex-wife was awarded the lot free of any outstanding liabilities. Bitchy ex-wife goes after poor old lady and asks for amount of rent unpaid during the past 3 years which amounts to approx. 10 grand.

Is the ex-wife entitled to do this and under what theories can/can't she?

Even if client can then sue the husband, is there any way to avoid this hardship?

Thanks for ANY input whatsoever.

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I.P. Daly
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Re: Hypo on Divorce/Property/Contract (?) Law help

Postby I.P. Daly » Mon Jun 04, 2012 3:22 pm

dudnaito wrote:Tenant lives in mobile home park, is very old, and suddenly becomes very sick. Her only source of income is social security. She tells this to the lot owner and he's like "don't worry about rent, just get better." (doesn't seem like rent forgiveness, but for 3 yeasr didn't enforce it). She still pays what she can. 3 years later, Owner gets a divorce, and his ex-wife was awarded the lot free of any outstanding liabilities. Bitchy ex-wife goes after poor old lady and asks for amount of rent unpaid during the past 3 years which amounts to approx. 10 grand.

Is the ex-wife entitled to do this and under what theories can/can't she?

Even if client can then sue the husband, is there any way to avoid this hardship?

Thanks for ANY input whatsoever.


Maybe statute of frauds issues regarding the lease agreement, and standing issues regarding back rent-is there privity of k between the bitchy ex-wife and the poor old lady? There also might be a host of statutory notice issues regarding a mobile home park tenancy.

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dresden doll
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Re: Hypo on Divorce/Property/Contract (?) Law help

Postby dresden doll » Mon Jun 04, 2012 3:44 pm

Which state is this?




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